Section 15-3005. FAILURE OF OWNER TO RESPOND TO NOTICE  


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    3005.1If the owner fails to respond within the fifteen (15) days required by § 3004.1, the cable television operator shall apply to the Office for approval to install cable television facilities. The application shall be verified by an authorized officer of the cable television company and shall contain the following:

     

    (a)Proof of service on the owner or authorized agent of a notice of intent to install cable television facilities;

     

    (b)The location of the property;

     

    (c)A description of the facilities and equipment to be installed on the property, including the type and method of installation and the anticipated costs;

     

    (d)The name of the individual or officer responsible for the actual installation;

     

    (e)A statement that the cable television operator shall indemnify the owner for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the owner;

     

    (f)A statement that the installation shall be conducted without prejudice to the rights of the owner to apply for compensation in accord with §3006;

     

    (g)A summary of efforts by the cable television operator to effect entry on the property for the installation; and

     

    (h)A statement that the owner or authorized agent of the property shall file a response to the application within twenty (20) days of the date it is served and that failure to respond may result in approval by the Office of the cable television operator's request to install cable television facilities on the premises. The owner's response shall be served on the cable operator by hand-delivery or certified mail.

     

    3005.2If the owner fails to respond within the time required by paragraph (h) of §3005.1,the Office may approve the application of the cable television operator which shall constitute a determination that the applicant has complied with the requirements of this chapter.

     

    3005.3After reviewing the application and response, if any, provided for in this section, the Office may approve or disapprove the application, schedule a hearing on any material factual issues presented in those documents or direct other procedures, consistent with D.C. Code §43-1844.1 (1981 Ed.), to facilitate the installation of cable television facilities.

     

source

Final Rulemaking published at 35 DCR 7175, 7180 (September 30, 1988),